8002968/2025

Aberdeen City Council

23 April 2026·Employment Tribunal·Scotland·Employment Judge A Kemp

Respondent

Aberdeen City Council

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Decision date

23 April 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge A Kemp

Case Summary

The claimant, a solicitor employed by Aberdeen City Council (described as Glasgow City Council in the judgment), claimed indirect discrimination under section 19 of the Equality Act 2010 in relation to a reduction in working hours from 37 to 35 hours per week for full-time staff while preserving part-time staff hours. The tribunal was required to determine whether it had jurisdiction to hear the claim, as the claim was brought outside the primary three-month limitation period. The tribunal found the claim was within its jurisdiction on the basis of a just and equitable extension under section 123 of the Equality Act 2010.

Why this outcome?

Out of time

The tribunal found that although the relevant act occurred on 16 June 2025 (when the claimant received the email implementing the collective agreement), the claim was brought outside the primary limitation period. However, the tribunal concluded it was just and equitable to extend jurisdiction under section 123 of the Equality Act 2010, allowing the claim to proceed.

Key Issues

  • Whether the tribunal has jurisdiction over the indirect discrimination claim
  • On what date did the act of discrimination take place
  • Whether the date was within the primary limitation period under section 123 of the Equality Act 2010
  • Whether it is just and equitable to extend jurisdiction under section 123

Original published judgment

The full source document is available from the official publication page.

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